Starting from July 1, 2023, the amendment of the provisions of the Code of Civil Procedure introduces a number of changes in the scope of delivery of procedural documents to entrepreneurs registered in CEIDG. The changes will also include the institution of delivery of procedural documents by court enforcement officers, introduced by the 2019 amendment to the Code of Civil Procedure.
Obligation to inform the court of a change of address for delivery by an entrepreneur registered in CEIDG.
According to the currently applicable regulations, procedural documents or judgments for an entrepreneur registered in CEIDG are delivered to the address for delivery indicated in this register, unless the entrepreneur has indicated another address for delivery. Article 136 § 5 of the Civil Code, which comes into force on July 1, 2023, provides that a party who is an entrepreneur registered in CEIDG will be obliged to notify the court of any change of address for delivery. Failure to comply with this obligation will result in the court leaving the court document in the case file with the effect of delivery. It should be noted that the previous legal regulations did not provide for an obligation for an entrepreneur registered in CEIDG to inform the court of a change of address for delivery.
Delivery of correspondence to the residence address of an entrepreneur registered in CEIDG.
If the first procedural document cannot be delivered to the address indicated in the register of activity for an entrepreneur registered in CEIDG due to a lack of indication of a change of address for delivery in this register, the first procedural document will be delivered to the residential address of the party. In order for this type of delivery to be possible, the return of correspondence must indicate that there has been a change of address for delivery for an entrepreneur registered in CEIDG.
Costs of delivering correspondence by a court enforcement officer to an entrepreneur registered in CEIDG will be borne by the entrepreneur, regardless of the outcome of the case.
It is also worth noting that if it becomes necessary to deliver a procedural document by a court enforcement officer to an entrepreneur conducting activity subject to disclosure in CEIDG, the costs of delivery will be borne by that party regardless of the outcome of the case.